Note: The degree of the larceny is
determined by the value of the property stolen. See § 53a-122 (first degree); § 53a-123 (second degree);
§ 53a-124 (third degree); § 53a-125 (fourth degree); § 53a-125a
(fifth degree); § 53a-125b (sixth degree). The dollar amounts for the
degrees of larceny were increased as of October 1, 2009. See the table in
Introduction to Larceny for the values in effect
prior to that date.

The defendant is charged [in count __]
with larceny by obtaining property by false pretenses in the (first / second /
third / fourth / fifth / sixth) degree. The statute defining this offense reads
in pertinent part as follows:

a person obtains property by false
pretenses when, by any false token, pretense or device, (he/she) obtains from
another any property, with intent to defraud (him/her) or any other person.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Obtained property
of anotherThe first element is that the
defendant obtained property from the property owner.

"Obtaining"
property includes, but is not limited to, bringing about the transfer of a legal
interest in the property from the owner to the defendant or to a third person.
If the legal title or ownership of the property or some legal interest in the
property is transferred, such a transfer would constitute "obtaining" under the
statute. The property does not need to be physically obtained. If the owner
delivered the property intending to transfer legal ownership or some legal
interest in the property, sufficient transfer would have occurred.

"Property"
includes any (money / personal property / real property / thing in action /
evidence of debt or contract / article of value of any kind). [Commodities of a
public utility, such as gas, electricity, steam and water also constitute
property.]

"Owner"
means not only the true or lawful owner, but any person who has a superior right
to that of the defendant.

Element 2 - By false pretenses
or false token or deviceThe second element is that the
defendant obtained the property by means of (false pretenses / a false token or
device). <Insert appropriate definition:>

"False token or
device" means a tangible object or symbol, commonly accepted by the public for
what it purports to represent, but which had been falsified or counterfeited.
False measures, weights, or scales, counterfeit money or stamps, marked cards or
loaded dice would be examples of false tokens or devices. <Describe alleged
false token or device.> A mere verbal misrepresentation would not
constitute a false token or device.

"False pretense"
means a false representation of fact. Since nothing to happen in the future can
properly be referred to as a fact, the representation must relate to past or
present circumstances and not to future events. A representation may be made in
writing, verbally, or even by actions or conduct. It is an express or implied
assertion of a fact upon which it is expected that others will rely. Usually a
representation takes the form of a statement of fact, oral or written, but it
may involve conduct only. Because a false pretense refers to past or existing
facts, a mere promise to do something in the future is not a false pretense.
Furthermore, a mere statement of opinion, as distinguished from a statement of
fact, is not a false pretense. Puffing, exaggeration, praise of an article for
the purpose of selling it, or giving an opinion as to the value or worth of
property are not ordinarily a sufficient basis for a charge of false
representation. Specific statements regarding the quantity, weight, manufacture
or composition of an article are statements of fact sufficient to support such a
charge.

The (false pretense / false token or
device) must be the means by which the defendant obtains the property. The
owner must rely upon it in parting with (his/her) property. Obviously, if the
owner knew the pretense or token was false, (he/she) would not have relied upon
it. On the other hand, the (false pretense / false token or device) need not be
the sole cause inducing the owner's action. As long as (his/her) reliance on
the false representation was a substantial factor in causing the owner to
deliver the property to another, this element will be satisfied, even though
other inducements may also have been involved.

Element 3 - Intent to defraudThe third element is that the
defendant intended to defraud <insert name of person>. In other words,
(he/she) must have intended to deceive, and by this deceit, to obtain the
property. <See
Intent to Defraud, Instruction 2.3-6.>

The defendant must have fully realized
and known that the (representation that (he/she) made / token or device (he/she)
used) was untrue. No matter how careless a person may have been in failing to
check the accuracy of (his/her) statements, negligence does not constitute a
fraudulent intention. In addition, the pretense or representation must be
actually false. Even if a person believes that (he/she) is lying, if the
(statement / token / device) were not actually false, there would be no
deception.

Element 4 - Value of the
property1The fourth element is that the
property had a value that <insert as appropriate:>

<See
Larceny, Instruction 9.1-1, for a full explanation of this element.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant wrongfully obtained the property
of another, 2) (he/she) obtained the property by (false pretenses / a false
token or device), 3) (he/she) knew that the (pretenses were false / token or
device was false), and 4) the value of the property obtained was <insert
value according to degree charged>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
larceny by obtaining property by false pretenses, then you shall find the
defendant guilty. On the other hand, if you unanimously find that the state has
failed to prove beyond a reasonable doubt any of the elements, you shall then
find the defendant not guilty.
_______________________________________________________

To be found guilty of larceny by
false pretenses, a person "must knowingly make a false representation with the
intent to defraud, and that false representation must induce action that
effectively causes the accused to receive something of value without
compensation." State v. Rochette, 25 Conn. App. 298, 306, cert. denied,
220 Conn. 912 (1991), cert. denied, 502 U.S. 1045, 112 S.Ct. 905, 116 L.Ed.2d
806 (1992); see also State v. Carcare, 75 Conn. App. 756, 775-78 (2003)
(obtaining property by the use of a stolen credit card).